[Evaluation of eyeglasses in private accident insurance]

In a ruling issued on 27 April 1983 the Bundesgerichtshof (the supreme court of the Federal Republic of Germany) clarified the question as to the extent to which the need for spectacles has to be taken into consideration in private accident insurance. Spectacles are not a prosthesis; the diminution of usability is assessed according to the wearer's visual acuity with correction; the need for spectacles has to be taken into account when determining the diminution of usability (as a pre-existent infirmity or as an injury caused by an accident). Concerning the premium surcharges and rebates demanded, which were not laid down by the BGH, the authors, continuing earlier discussions with a team from the German association of private accident insurers, came to the following agreements, which are recommended for general use: lower and medium grades of correction up to +10 D and -13 D (in cylindrical glasses in the meridian with higher refraction) are to be assessed as a 3% disablement; where the degree of correction is higher, i.e., more than +10 D and -13 D, the degree of disablement is assessed at 5%.

[Assessment of eye damage for private accident insurance]

Together with a team from the HUK association (an association of liability, accident, transport and legal protection insurance-companies) the authors discussed a new assessment table for diminution of vision and have recommended its use by private accident insurance companies. The table was worked out on the basis of guidelines issued by the Deutsche Ophthalmologische Gesellschaft in 1981. In cases of bilateral eye damage the total extent of the disability - based on the specific diminution of usability of each eye - should be calculated according to the conditions of the insurance companies and not by a medical expert. Further proposals for the assessment of visual field defects and other kinds of eye damage covered by private accident insurance were also brought into line with the recommendations issued by the Deutsche Ophthalmologische Gesellschaft in 1981.

[Improvement of vision in consequence of A. ophthalmica Ligature. Contribution to therapy of arteritis temporalis and disturbances at ocular blood supply (author's translation)]

Under certain conditions the blood flow in the ophthalmic artery can be reversed. This was proved radiologically and clinically in a patient suffering from a fistula of the cavernous sinus. The ophthalmic artery is an essential part of the circulus arteriosus. Ligature on the arteria temporalis superficialis has even positive results on the treatment of retinal ischaemia. From this, one can derive the conclusions for the theory of treatment of temporal arteritis.

[The obligation of doctors to give information to their patients as laid down in the German Civil Code (author's transl)]

The patient's right to information is based on art. 2 of the "Grundgesetz;;. So far it can thus only be judged as a constitutional right. Information to patients is not a question of simple right. The "Bundesverfassungsgericht" has come to this decision and outlined the extent of the information to be made available, pointing out that information made available to patients should serve to enable them to reach their own decisions and not assist them in legal proceedings.

[Liability of the medical expert (author's transl)]

The medical expert is not the guarantor of the individual he has examined and thus cannot be held liable for overlooking facts which are irrelevant as far as the fulfillment of his brief is concerned. In a verdict of the Bundesverfassungsgericht (Federal German Constitutional Court; Art. 3, Art. 14 GG) the extent of the expert's liability in cases where basic laws have been infringed is indicated: he has to bear a portion of the responsibility for the verdict.

[Legal obligations concerning medical records (author's transl)]

According to a recent verdict of the German Federal High Court, physicians are obliged to keep records. In civil lawsuits, however, there is no obligation to hand over medical records, although the patient or his representative may be entitled to examine them.

[Rehabilitation into employability after traumatic loss of an eye (author's transl)]

After the loss of an eye re-education can become either imperative according to present law or because of medical reasons. The insurer's attention should be drawn to these facts very early, perhaps already by the accident report, to avoid unnecessary long times of incapacity for work.

[Legal security in the determination of the "anomalous quotient" (author's transl)]

By testing individuals as well as a group seasonal oscillations of the Anomaloscope's mixing screw regulation could be observed. For that reason further standardization of research methods is requested.

[To the definition of the reduction of ability in the law of incometax (author's transl)]

Out of jurisdiction and commentaries by the Federal minister of finance and the minister of labour and social affairs it is proved, that the characteristic of externally recognizable, permanent loss of bodily mobility is existent not only for one-eyedness but as well as for reduction of visual acuity, provided (reduction of ability) of 25% or more is present. This statement is good for reductions of Personal income tax as well as Wage tax. The estimation of the degree of disability is to be made according to "leads on the medical expertise on the state provision for the deserving", Edition 1973.